The Supreme Court and Federal Administrative Agencies
A Resource-Based Theory and Analysis of Judicial Impact
Bibliographic Data
| ID | 6232369 |
|---|---|
| Authors | James F Spriggs (corresponding author) |
| Year | 1996 |
| Volume | 40 |
| Issue | 4 |
| Pages | 1122 |
| Publication date | 1996-11-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | American Journal of Political Science (JOURNAL) |
| Journal identifiers | ISSN: 0092-5853 • E-ISSN: 1540-5907 |
| Publisher | JSTOR (PUBLISHER) |
| DOI | 10.2307/2111745 |
| OpenAlex | W2322561863 |
| Language | EN |
| Citations received | 53 |
| References cited | 29 |
Theorv: Government bureaucracies are strategic and implement Supreme Court opinions based upon the costs and benefits of alternative policy choices. Agencies develop these expectations from prevailing resource environments and bureaucracies are more likely to establish larger policy change when resources favor the Court because the costs of not changing their policies appear larger. Hypotheses: The amount of bureaucratic policy change due to Court opinions is a function of: (1) attributes of Supreme Court opinions-specificity of Court-ordered policy change, basis of opinions, remands, and dissents; (2) agency characteristics-policy preferences, type of proceedings, and time preferences; and (3) external actors-amicus curiae, opposing litigants, Congress, and presidents. Methods: An Ordered Probit analysis tests a multivariate model of the impact of every Supreme Court opinion reversing or remanding a federal agency decision from the 1953 through 1990 terms. Results: Agency policy change after Court opinions is influenced by the specificity of Supreme Court opinions, agency policy preferences, agency age, and amicus curiae support
Administrative law · Agency (philosophy · Bureaucracy · Certiorari · Economics · Government (linguistics · Majority opinion · Original jurisdiction · Political science · Politics · Sociology · Supreme court · Supreme Court Decisions · Judicial and Constitutional Studies · Law · Law, Economics, and Judicial Systems · Legal and Constitutional Studies · Public Administration
Politics, Delegation, and Bureaucracy
Cognitive Decline on the Bench
The Headless Fourth Branch
The Burden of Proof in Immigration Bond Decisions
The Implementation of Supreme Court Precedent
Intracourt Dialogue
Judicial Impact and Factual Allegations
Strategic Opinion Language on the US Courts of Appeals
Judicial behavior in disability cases
Litigation, Courts, and Bureaucratic Policy
Experts Judging Experts
When justice answers to the president
The President, the Court, and Policy Implementation
Legislative-Judicial Relations
What Drives the Voting on Abortion Policy? Investigating Partisanship and Religion in the State Legislative Arena
Explaining legal inconsistency
The Impact of Courts on Public Management
Bargaining on the U.S. Supreme Court
Why courts are the life buoys of migrant rights
How do institutional constraints affect judicial decision-making? The European Court of Justice’s French language mandate
Directing Compliance? Remedial Approach and Compliance with European Court of Human Rights Judgments
Justices and Legal Clarity
The U.S. Supreme Court's Incorporation and Interpretation of Precedent
Explaining the Overruling of U.S. Supreme Court Precedent
Lobbyists before the U.S. Supreme Court
Courting the Public
The Life of the Law
Strategic Delay and the Use of Incompatibility Rulings at the German Constitutional Court
Executive Discretion, Judicial Decision Making, and Separation of Powers in the United States
Judicial Deference and Executive Control Over Administrative Agencies
Toward a Strategic Revolution in Judicial Politics
Regional Court Influence Over Bureaucratic Policymaking
Measuring Legal Change
Presidential Success on the Substance of Legislation
Explaining Federal Bureaucratic Compliance with Supreme Court Opinions
The Heat is On
Amicus Curiae and the Role of Information at the Supreme Court
Bureaucratic Leverage over Policy Choice
Ambiguous Statutes and Judicial Deference To Federal Agencies
Anticipated Adjudication
Domestic Judicial Institutions and Human Rights Treaty Violation
Judicial Policy Implementation in Mexico City and Merida
The Value of Vagueness
Marshalling the Court
Bureaucratic Responsiveness to LGBT Americans
Measuring and Explaining Political Sophistication through Textual Complexity
Overcoming apartheid
Adjudicatory Oversight and Judicial Decision Making in Executive Branch Agencies
Ghostwriters on the Court
The Precedent That Wasn't
Collisions at the Intersection of Gender, Race, and Class
The (Dis)Advantage of Certainty
Strategic Policy Considerations and Voting Fluidity on the Burger Court
The impact of the United States Supreme Court
Content analysis
Judicial policies
The New Deal Lawyers
Elements of Econometrics
Institutions and Social Conflict
Overriding Supreme Court Statutory Interpretation Decisions
The Measurement of Observer Agreement for Categorical Data
Institutions, Institutional Change and Economic Performance
Limited-dependent and qualitative variables in econometrics
Implementation of Civil Rights Policy
Politics, Programs and Bureaucrats
Judicial Decisions and Organizational Change
Administrative Law
Prayer in the Public Schools
A statistical model for the analysis of ordinal level dependent variables
The Hollow Hope
The Life of the Law
Mass-Level Compliance with Public Policy
Regulatory Performance and Presidential Administration
The Hierarchy of Justice
Weighted kappa
Law, Politics, and Judicial Decision Making
Why the "Haves" Come Out Ahead
Toward and Beyond a Theory of Supreme Court Impact
Administrative Agencies and the Court
The School Prayer Decisions
| Unique citing works | 53 |
|---|---|
| Citations per year | 1,77 |
| Citation span | 1996 - 2026 (31) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 53 |